Monday, April 23, 2012

Noble v. Adams, No. 08-17655 (4-19-12) (Wallace with Nelson and Bea).

The 9th vacates the dismissal of a petition and remands to the district court to determine if a 4 ½ month delay between the denial of a petition in state superior court and the appeal was "unreasonable" under California's standard of reasonableness. California has excused delays of longer than 60 days in some instances, and this may be one. The petitioner was pro se, and seemed to have been trying to amend his petition when he filed a second. The 9th also finds that the mailbox rule clicked in to make the petitioner's mailing of the petition viable.